Bill C-34
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1994, c. 40
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Marine Transportation Security Act |
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55. (1) The definition ``screening officer''
in subsection 2(1) of the Marine
Transportation Security Act is replaced by
the following:
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``screening
officer'' « agent de contrôle »
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``screening officer'' means a person
designated by the Minister under section
19.1 as a screening officer for the purposes
of this Act;
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``Tribunal'' « Tribunal »
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``Tribunal'' means the Transportation Appeal
Tribunal of Canada established by
subsection 2(1) of the Transportation
Appeal Tribunal of Canada Act;
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56. Sections 5 and 6 of the Act are
replaced by the following:
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Regulations
respecting
security
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5. (1) The Governor in Council may make
regulations respecting the security of marine
transportation, including regulations
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Offences
relating to the
regulations
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(2) Every person who contravenes a
regulation made under subsection (1) is guilty
of an offence punishable on summary
conviction and liable
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Notices and
service of
documents
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6. The Governor in Council may make
regulations respecting
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57. Section 19 of the Act is replaced by the
following:
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Definition of
``designation''
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19. For the purposes of sections 19.1 to
19.8, ``designation'' includes any privilege
accorded by a designation.
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Designation
of screening
officers
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19.1 The Minister may designate persons or
classes of persons to act as screening officers
for the purposes of this Act or any of its
provisions.
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Refusal to
designate, etc.
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19.2 (1) The Minister may refuse to
designate a person as a screening officer under
section 19.1, or may suspend, cancel or refuse
to renew the designation of a person as a
screening officer, if the Minister is of the
opinion that the person is incompetent, does
not meet the qualifications or fulfil the
conditions required for the designation or
ceases to meet the qualifications or fulfil the
conditions of the designation.
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Suspension or
cancellation
of designation
for
contravention
s
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(2) The Minister may suspend or cancel the
designation of a person as a screening officer
if the Minister is of the opinion that the person
has contravened this Act or any regulation,
security measure or security rule, or any
condition referred to in subsection 10(6).
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Suspension
for immediate
threat
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(3) The Minister may suspend the
designation of a person as a screening officer
if the Minister is of the opinion that the
exercise by the person of the functions of a
screening officer constitutes, or is likely to
constitute, an immediate threat to marine
transportation security.
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Notice
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19.3 (1) If the Minister decides to refuse to
designate a person as a screening officer or
decides to suspend, cancel or refuse to renew
a person's designation as a screening officer,
the Minister shall notify the person of that
decision.
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Contents of
notice
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(2) A notice under subsection (1) shall
include
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Effective date
of suspension
or
cancellation
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(3) In the case of a suspension or
cancellation, the effective date of the decision
shall not be earlier than
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Request for
review
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19.4 (1) A person affected by a decision of
the Minister under section 19.2 may, on or
before the date specified in the notice under
subsection 19.3(1) or within any further time
that the Tribunal on application allows, file a
written request for a review of the decision.
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Effect of
request
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(2) A request under subsection (1) for a
review of a decision of the Minister does not
operate as a stay of the decision.
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Exception
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(3) On application in writing by the person
affected by a decision made under subsection
19.2(2), after giving any notice to the Minister
that is, in the member's opinion, necessary
and after considering any representations
made by the parties, a member of the Tribunal
assigned for the purpose may grant a stay of
the decision until the review is completed,
unless he or she is of the opinion that granting
a stay would constitute a threat to marine
transportation security.
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Time and
place for
review
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19.5 (1) On receipt of a request filed under
subsection 19.4(1), the Tribunal shall appoint
a time and place for the review and shall notify
the Minister and the person who filed the
request of the time and place in writing.
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Review
procedure
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(2) The member of the Tribunal assigned to
conduct the review shall provide the Minister
and the person who filed the request with an
opportunity consistent with procedural
fairness and natural justice to present
evidence and make representations.
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Person not
compelled to
testify
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(3) In a review of a decision made under
subsection 19.2(2), the person who filed the
request for the review is not required, and shall
not be compelled, to give any evidence or
testimony in the matter.
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Determination
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(4) The member may
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Right of
appeal
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19.6 (1) Within thirty days after the
determination,
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Loss of right
of appeal
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(2) A party that does not appear at a review
hearing is not entitled to appeal a
determination, unless they establish that there
was sufficient reason to justify their absence.
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Disposition of
appeal
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(3) The appeal panel of the Tribunal
assigned to hear the appeal may
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Decision to
remain in
effect pending
reconsideratio
n
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19.7 If a matter is referred back to the
Minister for reconsideration under paragraph
19.5(4)(a) or 19.6(3)(a), the decision of the
Minister under subsection 19.2(1) or (3) to
suspend or cancel a designation remains in
effect until the reconsideration is concluded.
However, the member who made the
determination or the appeal panel, after
considering any representations made by the
parties, may grant a stay of a decision under
subsection 19.2(1) to suspend or cancel a
designation until the reconsideration is
concluded, if the member or panel is satisfied
that granting a stay would not constitute a
threat to marine transportation security.
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Reconsiderati
on
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19.8 (1) In the case of a decision made under
subsection 19.2(3), if the appeal panel has, on
an appeal under section 19.6, dismissed the
appeal or if the Minister has, after
reconsidering the matter pursuant to
paragraph 19.5(4)(a) or 19.6(3)(a), confirmed
the suspension, the person affected by the
decision may, in writing, request the Minister
to reconsider whether the exercise by the
person of the functions of a screening officer
continues to constitute, or is likely to continue
to constitute, an immediate threat to marine
transportation security.
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Procedure
applicable
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(2) On the receipt of a request by a person
under subsection (1), the Minister shall
without delay conduct the reconsideration and
inform the person of his or her decision
regarding the request. Sections 19.3 to 19.7
apply in respect of that decision with any
modifications that are necessary.
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58. Subsection 28(2) of the French
version of the Act is replaced by the
following:
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Exploitant du
bâtiment
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(2) L'exploitant d'un bâtiment peut être
déclaré coupable d'une infraction à la
présente loi, en rapport avec ce bâtiment,
commise par une autre personne, que celle-ci
ait été ou non identifiée, poursuivie ou
déclarée coupable, à moins que, lors de
l'infraction, le bâtiment n'ait été en la
possession d'une autre personne sans son
consentement.
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59. Section 32 of the Act and the headings
before it are replaced by the following:
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ADMINISTRATIVE PENALTIES |
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Interpretation |
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Definition of
``violation''
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32. In sections 33 to 51, ``violation'' means
a contravention of a provision that is
designated as a violation by the regulations.
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Assurances of Compliance and Notices of Violation |
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If reasonable
grounds to
believe a
violation
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33. (1) If the Minister has reasonable
grounds to believe that a person has
committed a violation, the Minister may
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Extension of
period
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(2) The Minister may extend the period
specified under subparagraph (1)(a)(i) if the
Minister is satisfied that the person is unable
to comply with the assurance of compliance
for reasons beyond the person's control.
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Short-form
descriptions in
notices of
violation
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(3) The Minister may establish, in respect of
each violation, a short-form description to be
used in notices of violation.
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Deemed
violation
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34. (1) A person who enters into an
assurance of compliance under paragraph
33(1)(a) is, unless a review is requested under
subsection (2), deemed to have committed the
violation in respect of which the assurance
was entered into.
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Request for
review
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(2) A person who enters into an assurance of
compliance may, within 48 hours after the
assurance is signed, unless a notice of default
is served within that period under subsection
36(1), file a request with the Tribunal for a
review of the facts of the violation, in which
case the assurance is deemed to be a notice of
violation and a review under subsection 39(1)
of the facts of the violation and of the amount
of the penalty is deemed to have been
requested.
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When
assurance of
compliance
complied with
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35. If the Minister is satisfied that an
assurance of compliance under paragraph
33(1)(a) has been complied with, the Minister
shall cause a notice to that effect to be served
on the person and, on the service of the notice,
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When
assurance of
compliance
not complied
with
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36. (1) If the Minister is of the opinion that
a person who has entered into an assurance of
compliance has not complied with it, the
Minister may cause a notice of default to be
served on the person to the effect that, unless
a member determines under section 37, or an
appeal panel decides under section 40, that the
assurance has been complied with,
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Contents of
notice
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(2) A notice under subsection (1) shall
include the address at which, and the date,
being thirty days after the notice is served, on
or before which, a request for a review may be
filed.
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No set-off
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(3) On the service of a notice of default, the
person served has no right of set-off against
any amount spent by the person under the
assurance of compliance.
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Request for
review
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37. (1) A person who is served with a notice
under subsection 36(1) may, on or before the
date specified in the notice or within any
further time that the Tribunal on application
allows, file a written request for a review.
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Time and
place for
review
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(2) On receipt of a request filed under
subsection (1), the Tribunal shall appoint a
time and place for the review and shall notify
the Minister and the person who filed the
request of the time and place in writing.
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Review
procedure
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(3) The member of the Tribunal assigned to
conduct the review shall provide the Minister
and the person who filed the request with an
opportunity consistent with procedural
fairness and natural justice to present
evidence and make representations.
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Burden of
proof
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(4) The burden is on the Minister to
establish that the person did not comply with
the assurance of compliance referred to in the
notice. The person is not required, and shall
not be compelled, to give any evidence or
testimony in the matter.
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Certain
defences not
available
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(5) A person does not have a defence by
reason that the person exercised all due
diligence to comply with the assurance of
compliance.
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Determination
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(6) The member may confirm the
Minister's decision or determine that the
person has complied with the assurance of
compliance.
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